The Blago trial (round 1 I assume) finally wrapped up this week with some attention being paid to jury selection. Based on what has leaked out, it seems verdicts on many of the counts were hung on the vote of just one juror. From what little has come out so far, it seems critical thinking was not one of this person's strong points. Having recently been called for jury duty myself, I have a new found distrust of the jury selection process. Here is my experience...
Upon receiving notice, I informed my software engineering co-workers of my "calling" to which they assured me it was highly unlikely that I would be selected. The perception being, based on experience I presume, that as soon as the attorneys involved hear the word "engineer", they put you on the well-thanks-anyway list.
After sitting most of the morning in the larger jury pool waiting area, I was called as one of eighteen potential jurors of which seven would be selected for what would be a criminal trial. Given the considerable waiting time, I naturally was curious as to the nature of the crime involved in the trial for which I might be selected. Speculation as to the kind of crime involved led to speculation as to the amount of time the trial would take. Murder or some complicated embezzlement scheme or such could potentially take weeks. Assuming, of course, that my co-workers were wrong and I did get selected. As we entered the court room, taking one look at the defendant, who obviously was the defendant since he was the only civilian not wearing a suit and tie, a middle aged man of sunburned complexion, I says to myself, "DUI. This won't take long."
As we were seated in a specific order, my lucky 6' 4" frame was awarded the spot outside the jury box and directly in front of the podium from which the defense and prosecutors would speak, with all but two of the other jurors seated behind me. The judge then informed us that this was a case of BUI, boating under the influence. After identifying ourselves, occupations, hobbies, the usual etc. we were each asked to state if we never drink, drink occasionally, or drink frequently. The lady next to me spoke first, stating that she was not a drinker. Next was my turn. Given that I have a drink or two three or four times a week, I wasn't comfortable saying I was an "occasional" drinker since to my engineering mind, occasional means only drinking on occasion. On the other hand, "frequent" sounded more like "daily" and rather alcoholic, so I nuanced my answer to "occasional-to-frequent". Well, this put me at the top of the drinking class in this pool. The remaining sixteen people answered either "never" or "occasional"...including the two college students and the "highly regarded drummer in a (heavy) metal band". At this point I became much more aware of my seating arrangement and that the chair I was in was adjusted for someone of less than average size. Moderately-introverted-I begins to slouch...
The judge makes a point concerning the testimony of police officers, that their being an officer of the law should not make their version of the facts carry any more weight than that of anyone else. The prosecuting attorney now steps up to the podium and begins his voir dire. After some questions about knowledge of boats and boating, the possible understanding of the meaning of "having your sea legs", and sundry other minor subjects, Mr. Prosecutor points out that we live in an average county, one that doesn't have all the fancy law enforcement bells and whistles like on TV's CSI. He then asks, "Does anyone have a concern about trying a case solely on testimonial evidence?" Methinks, they have no breathalyzer test. This is why this case is even in court. Well being a skeptic of eye witness testimony, "Yes" I says. Mr. P, looking directly down at me asks, "What if a murder was committed. A person walks into a room and shoots another one dead, picks up the bullet casings, and walks out. There is just one eye-witness to this crime. What then?" To which I reply, "Well, you've got a dead body with a bullet in it, so you know a crime was committed". Mr. P immediately changes the subject to the making of peanut butter and jelly sandwiches. Well, needless to say, I didn't get selected. A couple of other jurors had spoken up on other questions they were asked, mostly on the subject of alcohol consumption, of which a couple were either adamantly opposed to or had negative opinions of.
Now of course, the raw odds of being selected were still 7/18, which is just less than 40%. Given that three or four people were non-drinkers, the odds would still be about 50-50, so my not being selected could conceivably have been a random outcome. But when combined with my co-workers observations, I am rather suspicious that possession of a degree of critical thinking makes one less likely to be selected. Yet it would seem that critical thinking is exactly the sort of skill at least some on a jury should be comfortable with. With gobs of money to be spent on juror analysis for a high profile case in Chicago, do you suppose the rules are different there?

Recent Comments